UAV's and the Law - Nobody here ( in South Africa) knows what is going on. So many bodies, so many statements, so many false reports.
First reports that UAV's have been banned:
"Media reports last week claimed that the use of flying drones with mounted cameras has been banned with immediate effect by Sacaa."
Then:
"Sacaa said reports that suggest that Sacaa has recently issued a notice banning UAS systems, specifically in the film industry, were inaccurate."
Then a report that:
“Sacaa has never issued any specific notice or regulation banning the use of unmanned aircraft systems. The current Civil Aviation Regulations prescribe specific requirements for operating an aircraft in the South African airspace. To date, no UAS has been able to comply with these requirements,” said Sacaa spokesperson"
And after that:
"Sacaa additionally has given no authority to any organisation or government entity to operate drones.
“Those that are flying any type of unmanned aircraft are doing so illegally."
So what do we do:
It has not been banned, but it is illegal. What does that mean? But if you fly for fun (recreational) then it is fine.
So what does the law say:
The law in question is the Civil Aviation Act of 2009, and the accompanying regulations of 2011. Funnily enough, it does mention UAVs. They fall under the definition of Model Aircraft. The key part of that definition is the bit about “competition, sport or recreational purposes”. There are no blanket exceptions in the regulations that cover commercial use of an unmanned aircraft of any kind.
To be continued........ Have your say!
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Replies
I am new to this hobby/sport/ field but who if anyone is actually lobbying SACAA to clear this up? Will this grey area be enforced by the SAPS? who I believe have their hands full with real crime.
Dave P
Graham, I hear your argument and agree out of optimism, but who will test this. SACAA's opinion is that their instruction is as binding as law. Testing this legally is the only way of getting clarity and speeding the legislation process.
Strictly speaking, the definition 'Unmanned Aerial Vehicle' was added to the list of non-type certified aircraft a few years back (2011 I think). This was probably to distinguish them from model aircraft, but the only distinguishing factor in the definition is that the one type is for recreation (model aircraft) and the other type is for everything else - scientific, research, commmercial military etc. However the rest of the regulations do not mention UAVs at all, so no provision is made for their certification, operating limits etc.
In essence then, they fall outside of the law except that they are included in name only in the regulations. This is why there is such controversy over whether they are legal or not.
People are fabricating and perpetuating this controversy themselves, UAV's are legal until a law is tabled to say they're not. There is no grey area.
I think you are quite right. It is not illegal, since there is no legislation covering the issue.
It is not illegal, since there is no legislation covering the issue. Finished
+1 Graham
I will also add the group that set itself up to represent RPAS flying in South Africa do not represent me! It was there fault all the trouble started. They claimed to have a special relationship with the SACAA and sold systems on the back of it.